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Laxman B

Posted 2 weeks ago

I m married for last 8 years and we don't have any child so we want to adopt a newborn child of some known couple.What is the legal procedure as both parties are hindus.
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A. You can adopt a child according to the adoption laws of your religion. According to the Hindu Adoption Act.
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 month ago

I was lived from age 12 to upto date(now im 26) with my aunty. She dont have child but they care like own child. Now both aunty and uncle was expired in an accident. How can i prove that they are my guardian legally.? Plz help me....
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A. Dear Sir, You may file a civil suit and get declaration that you are the adopted son of them or there are your guardian. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Viswanath M K Experience: 5 Year(s) Chennai

Tania Dhara

Posted 1 month ago

I have a 8 months child. When i moved out of my husbands home for separation and lived with my parents i had a relationship with a person and became pregnant. As during my pregnancy contestant divorce case was going on in court , i had to use my ex husband's name as the father of my child and he presumed himself to be the father. All along in my pregnancy, child birth and till today my ex husband never took any responsibility of me or my child, no maintainance paid( i dint claim any maintainance either). In Jan 2019 i got divorce decree as he never turned up to the court. Now my child in 8 months old and the biological father of my child is my present husband. What is the process of adopting his own biological child to take all the responsibilities of him and give his name as fathers name instead of my ex husband's name
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A. Dear Madam, You can do like that provided you go to the Family Court and get an order.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Sayaree Ganguly Experience: 2 Year(s) Hooghly
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Adv Poonam Manoj Sapate Experience: 2 Year(s) Mumbai City

Anonymous

Posted 2 months ago

Dear Sir/Madam, I am an Australian Citizen and I am looking to adopt my elder brother's son (age 14). I understand that I have to go through CARA - Central Adoption Resources Authority in India. Could you please advise the questions as listed below? 1) Is it possible to adopt the kid from a family member? If yes, what is the procedure? Do you have the necessary experience to deal with CARA to complete the whole procedure? 2) What is the timeframe? 3) What is the procedure cost and what is your fees? Please let me know if you need further information otherwise I look forward to hear from you. Thanks
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A. Respected Sir, As you asked can i adopt family member ? So simple and short answer for you is - Yes, definitely. For that i need to consider the facts are- 1. your marital status 2. Your Age 3. Adoptive child's age Procedure is - we need to make Adoption Deed after doing formalities Register the same Deed. after that visit the gazette office to make change in the name. Time - Approximate time it will take is 15 to 20 days including change in the name. for registration 2 to 3 days for changing the name as per the adoption deed - 10 to 15 days. Fees - for the same you contact me personally so i can check your documents. For more details Contact Adv Poonam Sapate
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Adv Poonam Manoj Sapate Exp: 2 Year(s) Mumbai City
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 3 months ago

I am from Bangalore, can a good supreme court lawyer adopt me to save my life and to go against a mad lady. Lawyer fees will be given as much as lawyer wishes.
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A. Dear, what do you want do you want to hire a lawyer for his services or are you asking him to adopt you. You can appoint any lawyer to represent your case against anyone if he violates your rights, who is that lady you are referring to has she adopted you, if yes then legally you can proceed against her if she is manhandling you by filing a police complaint in your nearest police station. So you will have to tell 1)who you are, 2) whom you have a complaint against, 3)how is she related to you and 4) what do you want. Only then a proper answer can be given. Thanks and Regards.
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Randheer Bahadur Exp: 3 Year(s) Lucknow
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Hello sir , I am an NRI living in USA and married . We will move to India within 2 years. We would like to adopt a child from India. Is it possible to register now as inter country adoption and later change to intra country once we move to India ?
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A. Dear Sir, You may please check in the following office. ========================================================== Adoption – Procedure Juvenile Justice (Care and Protection of Children) Act, 2015 Central Adoption Resource AuthorityMinistry of Women & Child DevelopmentGovernment of India Frequently Asked Questions (FAQ’s) http://www.cara.nic.in/PDF/faqs.pdf Child Adoption Procedure In India Can I adopt if I already have a child? Yes. The gender of the child becomes a factor here. The Hindu Adoption and Maintenance Act, 1956 (HAMA, under which Hindus, Jains, Sikhs, Buddhists and Arya Samaj adopt) allows you to only adopt a child of the opposite gender to the one you already have. There are no such diktats under the other 2 adoption laws, namely the Guardians and Wards Act, 1890 (GAWA) and the Juvenile Justice Act (JJA 2000, amended in 2006), which has enabled many Indians to adopt a child of the same gender. Your child, if old enough, will be asked to express her views on the adoption, in writing. http://www.womensweb.in/articles/adoption-your-questions-answered/ Parents adopting a child under the Hindu Adoption and Maintenance Act (HAMA) could soon be required to mandatorily register the adoption with country’s apex adoption body as part of efforts to check trafficking, a senior government official said. Prospective parents can adopt a child under the stringent Juvenile Justice (JJ) Act, 2015. Additionally, Hindus, Buddhists, Jains and Sikhs have the option of formalising an adoption through the 60 year-old HAMA. Officials say that while the JJ Act has provisions for verifying the source of the child as well as a thorough background check of the prospective parents, these pre-requisites are missing from HAMA, thereby, allowing many to take advantage of its loopholes. Draft Cabinet note “The Ministry of Women and Child development has prepared a draft Cabinet note proposing an amendment to HAMA in order to make it compulsory for parents to register with the apex adoption body, Child Adoption Resource Authority (CARA),” a ministry spokesperson said. The note is being circulated among the ministries of finance, home affairs and law and the Prime Minister’s Office, before it is taken up by the Union Cabinet, the official said. “Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed. We did a sample check and discovered that the number of adoptions under HAMA is too high and we suspect that a lot of these involve trafficked children,” the spokesperson said. The ministry has proposed changes to HAMA so that parents who adopt a child mandatorily register their deed of adoption on CARA’s web portal, following which they will be issued a certificate of adoption. Need for a registery CARA CEO Lt. Col. Deepak Kumar said that the move will allow it to maintain a ‘national adoption register’ which will compile data on adoptions under HAMA, in addition to those that take place through its web portal. “HAMA is a big hole in our net. We need to widen our net so that we can monitor all adoptions. But first we need to record these by having a national adoption register,” Kumar told PTI. The official explained that the adoption agency carried out a study where data from one of the total 22 sub-registrars in Delhi was collected, which showed that 145 adoption deeds were registered in the past three years. He added that if this data is extrapolated, it can be assumed that over 3,000 children were adopted under HAMA in the past three years in Delhi alone. “But these are only those adoptions that are actually legally formalised. We found out from the Collector of Stamps in Delhi that in 14 months there were 3,200 stamps sold for the purpose of adoption. If all these stamps are being used lawfully, we should have seen nearly 9,000 adoptions during these three years,” Kumar explained. Changes and reforms In a bid to reform the adoption procedure in the country and bring more transparency, the Union Ministry of Women and Child Development brought a new set of guidelines in August, 2015. For the first time, the entire adoption procedure was transferred online, to be monitored by the Central Adoption Resource Authority, the nodal body regulating adoptions in India. However, despite the new mechanism, CARA hasn’t seen an increase in adoption and recorded a mere 3,788 adoptions across the country in 2016, while there were four to five times the number of parents waiting to bring home a child. Officials hope that once they have data on adoptions under HAMA, they will have a more realistic picture. The Hindu Adoption and Maintenance Act, 1956, is applicable to Hindus, Jains, Buddhists, Sikhs and gives an adopted child all the rights enjoyed by a biological child. Until the universal JJ Law came into existence, Muslims, Parsis, Christians and Jews had no adoption law and would have to approach the court under the Guardians and Wards Act, 1890, and get the guardianship of a child until he or she turned 18. Adopted son no less than a natural son to inherit his father’s properties, reiterates SC [Read Judgment]... Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father.(copy of judgment is with me) For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
ARPIT BATRA Experience: 11 Year(s) South Delhi

Shoukat Abbas Shaikh

Posted 5 months ago

My sister died 3 months back. She had a child from her 1st marriage which was desolved within 1 and half year. She had mental shock due to this & was going with medical treatment. Treatment was done for almost 7 years and we get her remarried but she is no more now. I have adopted her child who is 7 years old now . During diverse from 1st husband he mentioned clearly I dont need the baby nor can we claim for property in future. Now after 7 years he had send me a notice from police station , I went there & showed adoption notarized paper where in police closed the case. Now again he had send notice from family court. Kindly guide me how to close this case for ever
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A. Dear Madam, You submit written statement before the Family Court and it will be ended in your favour if your advocate is able to convince all the factuals. For full procedure contact me on mobile through Vidhikarya.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Niharika Chanda

Posted 6 months ago

We are 3 daughters,My parents adopted my son through registered adoption deed. My father was a retired Employee & expired in 2015. since then, my mother is receiving pension of 30K. All the 7 properties are his hard earned. 1 property is on my son name immediately after adoption. 3 are on my mother name who is a house wife. 1 is on my younger sister bought in 2003 when she was a minor. till the demise of my father, my parents were taken care of adopted son's maintenance. since my father demise, my mother refused to take care of his maintenance. my son is with us now. in Sep'18, she transferred 2 properties which are on her name to my both sister's daughters one each thru Gift deed. now she is trying to transfer remaining. My mother also registered a WILL. My father left a UNREGITERED WILL with his own hand writing stating 5 properties should belongs to adopted son and one each to my sisters. queries 1.Can i take any legal steps for my son's maintenance from my mother? 2. Can I go for cancellation of gift deeds. 3. Any chance to prevent my mother to sell remaining properties. 4. Can I go for execution of UNREGISTERED WILL 5. Do my mother has the right to write WILL on the properties earned by my father without consent of legal heirs
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A. dear client you can seek partition with a further prayer to declare such Will and Gift Deeds not binding.contact with lawyer.
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Deepak Bade Exp: 9 Year(s) Nanded
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
We are 3 daughters,My parents adopted my son through registered adoption deed. My father was a retired Employee & expired in 2015. since then, my mother is receiving pension of 30K. All the 7 properties are his hard earned. 1 property is on my son name immediately after adoption. 3 are on my mother name who is a house wife. 1 is on my younger sister bought in 2003 when she was a minor. till the demise of my father, my parents were taken care of adopted son's maintenance. since my father demise, my mother refused to take care of his maintenance. my son is with us now. in Sep'18, she transferred 2 properties which are on her name to my both sister's daughters one each thru Gift deed. now she is trying to transfer remaining. My mother also registered a WILL. My father left a UNREGISTERED WILL with his own hand writing stating 5 properties should belongs to adopted son and one each to my sisters. queries 1.Can i take any legal steps for my son's maintenance from my mother? 2. Can I go for cancellation of gift deeds. 3. Can i file a case to execute the UNREGISTERED WILL 4. Any chance to prevent my mother to sell remaining properties. 5. Do my mother has the right to write WILL on the properties earned by my father without consent of legal heirs
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A. dear client kindly produce the original Will along with death certificate of your father make the will turn into probate indicating the will made by your mother as she was not entitled.
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Deepak Bade Exp: 9 Year(s) Nanded
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 6 months ago

I am separated from my wife, living separately since last 8 months. I have still not put in papers for divorce. I have one son 10 years old. I am in a relationship with another woman. She has a 11 years old daughter. I want to adopt her daughter and give her my name. What is the procedure for the same?
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A. without the consent of the biological father you won't can't adopt her daughter. However there's another way, you can contact me by getting my phone number through Vidhikarya.
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